On May 12, 2016 the court case Binks/McKay vs the United States challenged the idea of the Fourth Amendment. The case explains the situation between Binks and McKay, who claimed that the FBI violated their Fourth amendment rights when the FBI searched through their Facebook messages after being suspected of being terrorists. This occured when Binks and McKay were discovered to have been communicating with a supposed ISIS member. They had claimed to have no intentions of joining the terrorist group. In this case, Sam and Melanie (petitioners) reminded us that a warrant and reason for searching is a necessity when it comes to violating one’s right to privacy. However, court justices Danny and Nick both asked similarly: “Why do you think that violates their privacy?…
The following paper discusses the use of warrants, arrests, and the searching of private residences, when the law enforcement officers involved have concluded that there is probable cause. Although, probable cause is a necessary requirement in the obtaining of a warrant and in the following through of arrest procedures, ironically, according to the Legal Information Institute at the Cornell Law School, “Neither the Fourth Amendment nor the federal statutory provisions relevant to the area define “probable cause;” the definition is entirely a judicial construct” (Cornell, 2006).…
Therefore, the Exclusionary Rule and fruit of the poisonous tree doctrine was created as an important protection of the Fourth Amendment. This paper has discussed the Exclusionary Rule, fruit of the poisonous tree doctrine, and the difference between the two. It has also discussed the civil liability that officers may be subject to for their mistakes and how they may be forgiven from liability if their mistake was objectively reasonable or if it was made in good faith. Lastly, the author has discussed the importance of obtaining a search warrant when available and how this seemingly simple procedural step will prevent the suppression of evidence, as well as, protect the officer and agency against any civil liability. Although many times officers’ conduct searches under the emergency exception of the warrant requirement, it is generally a lackadaisical excuse which can hardly be defended. In modern times with the inception of recent technology it has become quicker and easier to obtain search warrants, either telephonically or by electronic means. Therefore, it should be instilled in officers through academic and field training to always secure consent or a search warrant prior to conducting a search in order to protect themselves and the integrity of the…
According to Justice Harlan concurring opinion in Criminal Procedures, the understanding of the 4th Amendment is that its protection is for people and not places. Therefore, he proceeds to give the explanation of the ‘two fold requirement’ for searches that occurs under the 4th Amendment while analyzing the Kat v. United States. “Firstly, did a person exhibited an actual (subjective) expectation of privacy and, second, that the expectation be one that society is prepared to recognize as ‘reasonable’”. Justice Harlan continues his statement saying that a person’s home, a place is where they expect privacy, however “objects, activities, or statements that are exposed by them to the “plain view” is not protected under the 4th Amendment”, since there was no intentions to keep to…
A. Fourth Amendment: Reasonableness Requirement The Fourth Amendment prohibits unreasonable searches and seizures of persons, papers, houses, and effects by the government. A search or seizure occurs when the government violates a person’s reasonable expectation of privacy.…
In 1980 a high school teacher at a high school in New Jersey caught two girls smoking in one of the bathrooms. At that time students were allowed to smoke in some areas of the school but smoking in the bathroom was restricted. The teacher then proceeded to take them to the office where they met with the Assistant Vice Principal Theodore Choplick. T.L.O was one of the girls, she was a 14 year old freshman. T.L.O said that she had not been smoking but the second girl admitted that she had been smoking. Choplick then took T.L.O into his office and told her to let him see her purse. He opened the purse and found a pack of cigarettes, a package of cigarette rolling papers, a small amount of marijuana, a pipe, and some empty plastic bags. He also found a list of people who owed T.L.O money. Also contained within the letters was information that showed that T.L.O was selling marijuana. Choplick then called T.L.O’s mother as well as the police. When they arrived at the school Choplick gave the police…
The Fourth Amendment protects three distinct rights. They are liberty, property and privacy. Taking into consideration along with research and survey, I believe that each of these rights are equally important. Together they provide for a complete and well-rounded way of life. Without liberty, our lives would be limited to what the establishment would allow and therefore, what privacy could we have without the right of choice. Property would have no value without the liberty to use it as I desire.…
An influential government philosopher John Locke once stated, “Government has no other end , but the preservation of property.” The 4th amendment has an important part of protecting essential values. 4th amendment allows people to be secured in persons, houses, ext.Unless an issued search warrant ,probable cause or reasonable suspicion. For instance a precedent is Katz v Ohio this shows that the government can go too far with their search and seizure procedure.Today there are many cases in which the government is not using a search warrant when they are searching someone. Another reason is the writs of assistance case which established that the government does not take into consideration the 4th amendment for years the colonies got their ships searched and they were ran over by the government until the 4th amendment became a bill of right. How they established this case is they searched a ship for smuggled goods. I think that this is too far because they shouldn't be able to…
Furthermore, Antonio Reynoso states, “All that we are asking is that we improve relationships. When people know their rights or feel that things are happening by procedure, there’s a level of accountability and respect that’s developed between both parties” (Expert Text Reynoso). Since this bill supports the Fourth Amendment’s right to conduct searches based upon probable cause, there…
The government official does not have the right to go on the man’s property without a warrant. In 4th Amendment, it specifically says “ The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue” it means that a government official can not go on your property, car or phone without probable cause.…
“An understanding of the antecedent history of the Fourth Amendment is therefore important for an evaluation of the subsequent development of that amendment through judicial construction. History alone cannot, of course, provide the Supreme Court with clear guidance on all search and seizure questions up for decision, if only because the historical record is not always as clear as we should like it to be, and also because some issues raised under the Fourth Amendment such as the constitutionality of wiretapping or compulsory blood tests in criminal cases are of recent origin and could have been anticipated by those who drafted the Bill of Rights.” (p. 19 Landynski…
Courts generally have held the law to be constitutional on its face as an appropriate exercise of authority to protect national security, though historically it has been subject to abuse if applied broadly to otherwise protected activities, such as the right to free speech, rendering it a particularly dangerous tool by which government authorities may silence speech that they consider to be contrary to government interests. Parts of the Patriot Act explicitly allow determinations to be made based on an individual's beliefs or speech. The Patriot Act threatens exclusion not only to those who provide direct support to such organizations as Antifa, but also to those who provide encouragement. This activity could have a devastating effect on the…
Individual rights under the Fourth Amendment can make or break a case in trial. According to the Fourth Amendment, “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” This is a United States citizens Fourth Amendment right equally protected to all. This protects the people from the State and Federal Governments within their privacy. The Fourth Amendment also advises that a Law Enforcement Officer (LEO) must have probable cause before seeking a warrant. Probable cause is when there are enough facts, or totality of the circumstances, that a crime has happened. The LEO if seeking for a search warrant must state in the warrant what it is they will be searching for. For example, if an LEO seeks a search warrant for stolen property; the LEO must only check items in the house which could be stolen; i.e. televisions, computers, vehicles etc. The LEO checking a thumb drive, not putting on the warrant to check that equipment, which contains child pornography, would be an illegal search and seizure. Unfortunately, the defendant in this situation would have the evidence suppressed due to the illegal search.…
The Second Amendment is the most important and relevant amendment of the Constitution. The second amendment was established on December 15, 1791. If people didn’t have the right to bear arms, there would be no use for the other amendments. Such as; the Fourteenth Amendment. The Fourteenth Amendment gives the people the rights of a citizen. Taking away gun rights messes with the rights of a citizen. Also, the Fifth Amendment states the rights of a person. So gun control is violating the Fifth Amendment also. The Second Amendment states that the right to bear arms cannot be taken. Yet, people are trying to take gun rights away anyway.…
In my own opinion, I am glad that Heller won I strongly think he should have won. I support the Second Amendment very adamantly. I believe that D.C did not have the right to tell Heller he could not have a permit, it goes against the constitution to tell a person that the rights that our Fore-Fathers gave us no longer applies to our lives and that they have to give up their right to bear arms. A person should be allowed to have the right to keep and bear arms to be able to protect and support their family. Me personally I love to hunt and shoot guns, I do every time I get the chance and I plan to conceal carry when I get older for self-defense purposes. I agree somewhat if the government wants to take our guns away speaking for all of the people who…